1.   Where any provisions of this Chapter conflict with other applicable state and federal laws, the stricter shall apply. In particular, this Chapter does not intend to conflict with any of the laws or acts regarding mining and agriculture as are outlined in § 603B of the MPC.

   2.   This Chapter is not intended to annul or supercede any private easements, covenants, or agreements, except where provisions of this Chapter are more restrictive. The Zoning Officer shall not be responsible for the enforcement of the aforesaid agreements unless the Borough is a party thereof.

   3.   The zoning classification of improved and unimproved rights-of-way within the Borough boundaries shall be considered part of the adjacent zoning district. In cases where these areas are bordered by more than one district, the abutting zoning shall extend to the centerline of the subject right-of-way. Thus, any activities or use of existing rights-of-way which become private property through adverse possession or any other legal claim to said property shall adhere to the standards of its respective zoning district classification.

   4.   Zoning classifications as initially determined follow existing parcel boundaries, as defined by recorded deeds. However, the revision, through subdivision, of current boundary lines does not constitute any revision of zoning district boundaries, which shall retain the boundary of the original lot line, unless an amendment to the zoning map and this Chapter is approved.

   5.   In cases where the lines of a zoning district, as initially determined by the zoning map, cross a parcel such that the parcel possesses multiple areas of zoning classification, said lines shall be determined as lines extending from the most adjacent parcel or lot boundary, where the zoning extends to said boundary, to the next immediate lot or parcel boundary to which the zoning boundary of the particular district coincides. The aforementioned situations occur, initially, on through lots where one face of the block on which the through lot fronts possesses one zoning and the other lies within a different zoning district.

   6.   Permitted Use Interpretation.

      1.   The permitted uses defined in this Chapter are based upon the North American Industrial Classification Standard, 2002. Uses are listed by the numerical code, as defined and presented in the aforesaid national standard. As such, uses listed at particular code levels shall be inclusive of all specific uses classified as part of the listed code level, unless such more detailed uses are specifically exempted or restricted.

      2.   Where any use specifically defined within this Chapter conflicts with the use definitions utilized by the North American Industrial Classification Code, the use defined in this Chapter shall prevail. Therefore, when uses specifically defined within this Chapter, separate from or conflicting with the NAICS Code are presented or specifically restricted; the function and intent of said uses shall prevail against any such conflicting interpretations as defined in the NAICS Code.

      3.   No portion of this Chapter shall be interpreted such that it violates the Federal Fair Housing Act, the 1988 Fair Housing Amendments Act, and related housing and urban development regulations. In particular, the term “family” shall apply to unrelated members regardless of their membership in classes protected by the aforementioned acts and regulations, including handicap.

(Ord. 935, 5/10/2018, §27-400)

   1.   The Borough desires to permit an adequate range of residential and economic opportunities, public uses, and services while integrating a range of uses that protects the public health, safety, and welfare of the community as well as the traditional character of the Borough. The following standards shall constitute uniform performance standards for all uses within the Borough and shall further define the character of the use. Any use, which cannot demonstrate compliance with the following performance standards, shall not be deemed as an authorized use:

      1.   No use shall, as part of its production process, emit any hazardous materials in any manner.

      2.   Storage of hazardous materials shall be within a principle structure.

      3.   Storage of hazardous waste shall be within a principle building and shall not constitute a principle use; whereby said storage shall be temporary, being permanently disposed of offsite.

      4.   No use shall be noxious or offensive by reason of the emission of odor, dust, fumes, smoke, gas, vibration or noise detectable at the property line as to constitute a nuisance or otherwise conflict with any municipal ordinance.

      5.   No establishment, excepting municipal and school district activities, as part of its regular operations, shall exceed the noise levels as measured at the property lines of the parcel upon which the establishment is operated in the following manners:

         A.   The sound level at any one point in time exceeds 90 decibels.

         B.   The sound exceeds any of the established limits in Item C by a measured sound level of 10 dB(A) for a cumulative total of one minute or more out of any ten-minute period.

         C.   The sound exceeds any 75 decibels continually for a period of five minutes, or a total of five minutes out of any ten minutes.

      D.   Where stricter noise standards are adopted by local ordinance, the stricter shall prevail.

      6.   On-site display of products associated with an authorized establishment shall be limited to impervious areas improved as sidewalks or paved as parking lots pursuant to the construction standards of the Borough. Said areas specifically designated or intended for the use of such displays shall not exceed 15% of the gross floor area of the associated establishment. Storage or display of merchandise accessory to or as part of the principal use of a retail establishment shall be limited to the gross floor area occupied by the principal establishment and shall be housed within a fence of at least six feet in height.

(Ord. 935, 5/10/2018, §27-401)

   1.   Permitted Obstructions in Required Setbacks. All Setbacks.

      1.   Chimneys, removable awnings, eaves, gutters, and architectural elements not directly housing interior living space may project two feet into any setback.

      2.   Stairs may project five feet into any given setback; but shall not locate closer than five feet to any property line.

      3.   Pavement, masonry, and other items which are installed at grade level are exempted from the setback provisions.

   2.   Permitted Obstructions in Side and Rear Yard Setbacks.

      1.   Fences in all residential, N, MU, and Traditional Neighborhood Development Districts shall be permitted up to six feet. No fences shall be constructed of potentially injurious materials such as barbed wire. Fences on lots with nonconforming structures, which infringe on a front yard setback, may infringe on the front yard setback up to the building line of the existing structure.

   3.   Permitted Obstructions in Front Yards.

      1.   An unenclosed porch may infringe on a front yard setback by eight feet.

      2.   Fences of up to four feet in height which do not interfere with a clear sight triangle of 50 feet.

   4.   Permitted Excesses of Maximum Heights. The following may exceed the maximum height specified by zoning district by the following amounts:

      1.   Chimneys, antennas, and lightning rods: six feet.

      2.   Decorative structural elements on nonresidential principal structures including or reasonably commensurate with spires, minarets, or similar extensions of the roof structure which do not house principal uses.

(Ord. 935, 5/10/2018, §27-402)

   1.   The following categories shall be defined by the tables, which respectively follow them, in accordance with §27-403 of this Chapter. Categories, defined or listed below, which do not rely upon NAICS codes, shall be defined within Article III, “Definitions”:

      1.   Large Scale Industrial, Warehouse, and Service Uses.

         A.   The following uses constitute non-retail and nonresidential uses which are large scale in terms of intensity of land use and intensity of impact on surrounding uses.

         B.   Uses.

 

   2.   Small Scale Industrial, Warehouse, and Service Uses.

      A.   The following uses constitute non-retail and nonresidential uses which are comparatively small scale in terms of intensity of land use and intensity of impact on surrounding uses.

      B.   Uses.

 

   3.   Office, Administrative, and Service Related Industries.

      A.   The following uses constitute service and administrative activities, the scale and scope of which function as office related uses and activities.

      B.   Uses.

 

   4.   Large Scale Retail and Service.

      A.   The following retail and service related activities constitute retail related uses, the scale and impact of which are large scale in terms of intensity of land use and intensity of impact on surrounding uses. Said uses include those listed under subsection B. as well as small scale retail and service uses individually exceeding 5,000 square feet of gross floor area.

      B.   Uses.

 

   5.   Small Scale Retail and Service.

      A.   The following retail and service related activities constitute retail related uses, the scale and impact of which are small scale in terms of intensity of land use and intensity of impact on surrounding uses and which, per establishment, occupy 5,000 or less square feet of gross floor area.

      B.   Uses.

 

   6.   Neighborhood Public and Semi-Public Uses.

      A.   The following uses constitute organizations and services of a semi-public or public nature integrated into traditionally residential neighborhoods, such that said uses provide services and opportunities which enhance the livability and sustainability of the neighborhood while minimizing nuisances and protecting the character of the area in which they locate.

      B.   Uses shall include 81221, funeral homes and funeral services; religious uses; day care centers; adult day services centers, and local public uses.

   7.   General Hospitals.

      A.   The following constitute health care services rendered in a hospital or hospital affiliated setting.

      B.   Uses.

 

 

   8.   Elderly Residential Facilities.

      A.   The following facilities provide residential care or housing primarily to the elderly as well as others with similar needs.

      B.   Uses shall include long term care nursing facilities; personal care homes; adult training center; adult day services center; and 623312, homes for the elderly.

   9.   Psychiatric and Drug Abuse Facilities.

      A.   The following uses provide outpatient, residential, or temporary care for clients suffering from drug or substance addictions or psychiatric conditions.

      B.   Uses shall include psychiatric outpatient clinic; mental health partial hospitalization center; drug and alcohol partial hospitalization center; drug and alcohol outpatient center; drug and alcohol intensive outpatient center; 6222, psychiatric and substance abuse hospitals; and methadone clinics.

   10.   Adult Uses.

      A.   Adult uses rely upon the marketing of certain specified sexual activities or promotion of such activities. Adult uses are interpreted as they are defined in Article III of this Chapter.

   11.   Educational Services.

      A.   These services constitute schools, colleges, continuing education opportunities, etc.

      B.   Educational services shall include 61, educational services (except for 611512, flight training schools; and uses comparable to heavy equipment and truck driver training schools as may be included in 611519, other technical and trade schools.)

   12.   Communications towers.

   13.   Essential services.

   14.   Essential service building.

   15.   Forestry.

   16.   Home occupations per §27-903.

   17.   No-impact home based business.

   18.   Single-family.

   19.   Duplex.

   20.   Multi-family.

   21.   Mixed use building.

   22.   Planned residential development.

   23.   Traditional neighborhood development.

   24.   Mineral removal or mining.

   25.   Normal agricultural operations.

(Ord. 935, 5/10/2018, §27-403)